BEJOMAL ALIAS BAJMAL GODHA Vs. RAMESH LAL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the learned Additional District Judge, Aimer, dated 13 -2 -1970. The plaintiff respondents filed a suit for eviction and arrears of rent inter alia on the allegation that the defendant appellant was their tenant with rent at the rate of Rs. 23/ - per month, but failed to male payment of the rent right from 7.10.60 and had thus committed default. The trial Court decreed only a sum Rs 345.77. - The decree for ejectment was also passed. The decree of the learned Munsif is dated 27 -2 -1969 an appeal against which was also dismissed the learned Addl. District Judge, Ajmer by his aforesaid order.

(2.) WHILE the present appeal was pending the law was amended and Section 13A was interested in the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. In pursuance of this provision, the respondent applied for determination of the arrears of rent and interest and costs of the suit so that upon payment thereof the ground of default could no more be available to the plaintiffs. As regard the determination of the rent in arrears, he also submitted a statement of the rent so far deposited in the court. The respondents have also submitted a statement of their demand.

(3.) OUT of this sum, the appellant has deposited Rs. 3548.02 It means he has to pay a sum of Rs. 372.00, more.